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    This is the Technical report by KWS (Kenyan Wildlife Service) and KeNHA (Kenya National Highways Authority) on the Southern ByPass Road Transport corridor on land currently designated as part of the Nairobi National Park.

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    This is the Technical report by KWS (Kenyan Wildlife Service) and KeNHA (Kenya National Highways Authority) on the Southern ByPass Road Transport corridor on land currently designated as part of the Nairobi National Park.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    328 views28 pages

    Technical Report - Southern Corridor

    Uploaded by

    WildlifeDirect
    This is the Technical report by KWS (Kenyan Wildlife Service) and KeNHA (Kenya National Highways Authority) on the Southern ByPass Road Transport corridor on land currently designated as part of the Nairobi National Park.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Proposed Provision of Southern Bypass Road Transport Corridor on Land currently designated as part of Nairobi National Park Technical Proposal KENYA WILDLIFE Ph service WT Field Assessment Technical Team SINo | Name Institution | Position 1. [Dr Erustus Kanga |KWSHQ | Senior Assistant Director, Biodiversity Research & Monitoring, 2. | Raphael Meli KWSHQ [Surveyor 3. | Julius Cheptei KWSSCA | Ag, Assistant Director, Southern Conservation Area Bernard Ngoru KWSHQ | Senior Research Scientist, Savannas 5. | Nelly Palmeris, KWSNNP | Senior Warden, Nairobi National Park 6. [Joshua Lemaikat — [KWSHQ | Land Liaison Officer 7. [Pauline Wambui [KWSHQ | Cartographer & | Joseph Mukeka KWS-HQ | GIS Officer 9. [Joe! Lesale KWSSCA | Assistant Research Scientist, Southern Conservation Area 10 | Mulaya Git KWSNNP | Deputy Park Warden, Nairobi National Park ii. | Collins Muchunka[KWSHQ | Physical Planner 12. | Eng. PaulOmondi | KeNHA Project Engineer (NSBP) ‘TABLE OF CONTENTS 1.0 INTRODUCTION AND BACKGROUND. 1.1 Introduction... - 1.2 The Casein the National Environment Tribunal (NET).. 1.3 The NET Ruling 1.4 Cabinet Directive 1.5 Deliberations ofthe Joint Inter Ministerial Team 2.0 THE PROPOSAL. eoreaart 3.0 FIELD SURVEY AND ASSESSMENTS... 3.1 Introduction. wd 3.2 Methodology . R 3.3 Survey and Assessment of Nairobi National Park... ee) 3.3.4 Location of the area affected by the Bypass ROaG oc 13 3.32 Size of the park area affected a esennclB 3.3.3 Description of the neighborhood land use... peers 3.34 Anticipated impacts on the biological components... 18 3.35 Other Infrastructural Development already in NNP..... 19 3.4 Survey and Assessment of the Land to be purchased and exchanged with park land - a 3.4.1 Location.. 21 3.42 Land Tenure. 2 3.4.3 Monetary value ofthe land. sme 3.44 Suitability analysis.. . 2 3.5 Other Mitigation Measures. rae 4.0 CONCLUSIONS AND RECOMMENDATIONS. 441 Conclusions cn 4.1 Recommendations 1.0 INTRODUCTION AND BACKGROUND 1.1 Introduction ‘The Government of Kenya, through Kenya National Highways Authority (KeNHA), contracted China Road and Bridge Corporation (K) to construct the Nairobi ‘Southern Bypass Road on the basis of CRBC preliminary design, in November 2010, ‘The Souther Bypass Road is a dual carriageway with a length of 28.6 km. The Bypass road starts at the junction of Mombasa Road where an interchange has been constructed at SK 04397.5 next to Ole Sereni Hotel and ends at SK 281600 linking with the Kabete Limuru Road at Kikuyu town. The road crosses Nairobi National Park westward, entering the park at K1+000 (Ole Sereni Hotel), follows the Green Line, curving, into the park at K2+620 to provide 500 meter clearance from Wilson Airstrip runway and exit at K5+120 before Carnivore Restaurant. ‘The National Environment Management Authority (NEMA) issued a license No, (0008121 for the Southern Bypass Road construction on 18" February 2011, subject to a number of conditions. Of particular interest is condition 2.2 and 2.3 that states as follows: * Condition 2.2: The proponent shall not encroach on gazetted parks (Nairobi National Park). * Condition 2.3: The proponent shall ensure that the sections of the road along the Nairobi National Park, Ngong and Dagoreti natural forests should be implemented in close consultation and agreement with Kenya Wil Service, Kenya Forest Service, and other relevant authorities 1.2 The Case in the National Environment Tribunal (NET) The decision by NEMA to grant KeNHA an Environmental Impact Assessment License to construct the Southern Bypass Road including a section between Mombasa Road and Langata Road was contested in the National Environment Tribunal Court through an Appeal by Africa Network for Animal Welfare, the East Africa Wildlife Society and one Paula Kahumbu in March 2012. The contention was done on the grounds that: a) by d) In their construction of the segment of the Nairobi Southern Bypass Road, KeNHA and the Ministry of Transport and Infrastructure would encroach into Nairobi National Park. NEMA issued the EIA license to KeNHA and Ministry of Roads without taking into consideration the adverse environmental and ecological impacts that construction of the segment of the Bypass Road would have on wildlife in Nairobi National Park. The contesting parties also argued that KeNHA did not disclose to NEMA that a segment of the Bypass Road would encroach into Nairobi National Park. KeNHA and Ministry of Roads breached condition 22 and 2.3 of the EIA license prohibiting them from encroaching into Nairobi National Park. The contesting parties also argued that NEMA failed to take action against the said breach of EIA license conditions thus allowing KeNHA and Ministry of Roads to design the segment of the Bypass between Mombasa Road and Langata Roads to encroach into Nairobi National Park. Public hearing held prior to NEMA‘s grant of the EIA license was flawed because NEMA failed or neglected to disclose all truth related to the Bypass Road. In additional the contesting parties argued that questionnaires 5 developed in the ELA study process for the Bypass Road construction were not distributed to all stakeholders for their input and they also argued that the BIA process was irregular and flawed. ©) KeNHA and Ministry of Roads decided to construct a section of the Bypass Road into the Nairobi National after NEMA granted them an EIA license. (On the basis of the above, the contesting parties asked the National Environment Tribunal to: i, Revoke or set aside NEMA’s decision to grant the BIA license Stop construction of the section of the Nairobi Southern Bypass Road that would encroach into Nairobi National Park (Order for a fresh EIA study for the section of the Bypass Road affecting, the Nairobi National Park to redesign the transport corridor so as to re- route it to avoid encroaching into the Park, and Issue such orders as it may deem appropriate. In response, NEMA filed a reply to the Appeal on 2 July 2012, KeNHA filed a reply ‘on 16 October 2012, and the then Ministry of Roads through the Antony General filed a reply on 28" November 2012. 1.3 The NET Ruling ‘The appeal was heard on five occasions between December 2012 and February 2013 and a total of seven witnesses testified. Based on careful consideration of the pleadings, the ruling on preliminary objection, evidence tendered for all parties and submissions presented by Counsel for all parties, the Tribunal presented its findings and unanimously allowed the appeal, in part, and:- a) Varied terms of the EIA License Number 0008121 issued by NEMA to KeNHA as follows: ‘+ The segment of the proposed Bypass road between Ole Sereni Hotel and Carnivore Restaurant, at the points where the proposed road was planned to encroach into the park, is excluded from the license and road construction thereon stopped unless and until KeNHA. fully complies with all legal requirements for acquisition of part of Nairobi National Park for construction of the Bypass Road, including Parliamentary approval b) Stopped construction of the Bypass Road in the contentious area between Ole Sereni Hotel and Carnivore Restaurant where the Bypass Road was planned to encroach into the Park unless and until the condition (c) below is fully complied with, ©) Directed NEMA to fully comply with both substantive and procedural provisions of law in supervising any future EIA processes for the area under contention in the appeal, including the requirements for the project proponent'’s submission to it of alternative site, alternative road design and technology for the contentious segment of the Bypass as required by Regulation 18(1) (d), (i) and (j of the EIA and Audit Regulations (Legal Notice No. 101 of 2003) and Parliamentary approval of de-gazettement of part of the Park, if excision is deem necessary, before approving and. licensing construction of a section of the Bypass in that area. 1.4 Cabinet Directive ‘The Cabinet discussed the matter regarding provision of a transport corridor on part of Nairobi National Park during the Fifth Cabinet meeting held on the 10" July 2014. During the meeting a Cabinet Memorandum CAB(I4) 12 jointly submitted by the Cabinet Secretary for Transport and Infrastructure, the Cabinet Secretary for National Treasury, the Cabinet Secretary for Environment, Water and Natural Resources, the Cabinet Secretary for Lands, Housing and Urban Development and the Attomey General was presented and discussed. The outcomes of the Cabinet discussions were as follows: ii, Cabinet approved and directed that approximately 38.8 hectares of Nairobi National Park should, upon completion of relevant procedures, cease to be part of the park. However, the National Park would be compensated by the Ministry of Transport and Infrastructure at least on the principle of acre for Cabinet noted that the 38.8 hectares of land excised from the National Park shall continue to be public land vested in the National Government and administered by the National Land Commission for transport purposes. Cabinet authorized publication of a notice of intention to amend the Northern and Southern Boundaries of Nairobi National Park and invite any objections in accordance with the Wildlife Conservation and Management Act. Cabinet directed the Cabinet Secretary for Transport and Infrastructure, the Cabinet Secretary for National Treasury, the Cabinet Secretary for Environment, Water and Natural Resources, the Cabinet Secretary for Lands, Housing and Urban Development and the Attorney General to take appropriate actions, v. Kenya Wildlife Service thereafter received a directive through a letter dated 11" July, 2014 from the Secretary to the Cabinet through a letter dated 28" July, 2014 by the Principal Secretary, Ministry of Environment, Water and Natural Resources, for facilitating the process of implementing the Cabinet directive on the Southern Bypass Road Construction. 15 Deliberations of the Joint Inter-Ministerial Team Following the Cabinet directive, the Principal Secretary, Ministry of Environment, Water and Natural Resources convened an Inter-Ministerial Committee meeting to deliberate on how to implement the Cabinet directive. The meeting was held on 14! October 2014 at the MEW&NR Board Room and in attendance were two representatives from the MEW&NR, two representatives from KWS, one representative from KeNHA, one representative from NEMA, and a representative each from the Antony General Office, National Land Commission and the Mi of Agriculture, Livestock and Fisheries respectively In their deliberation, the Team resolved that the proposed degazettment of Nairobi National Park would likely take an unduly long duration and advised that an Easement Agreement between KeNHA and KWS was the best alternative to ensure the Bypass Road construction is not delayed any further. The team further noted that the easement is provided for under the Land Act 2012. The Committee recommended the following approach to address the matter: © That KeNHA explores entering into an Easement Agreement with KWS to allow the contractor access to Nairobi National Park site, as an immediate and short term measure to ensure thatthe Government does not continue to incur penalty costs imposed by the contractor. KeNHA and KWS were directed to atively engage and comply fully with the National Environment Tribunal ruling by pursuing the provisions of the Wildlife Conservation and Management Act 2013, ‘A technical subcommittee was constituted comprising KWS, KeNHA, NEMA, NLC and the AGs Office to explore and pursue the way Ieave/ easement ‘option as @ short term menaure that will facilitate acquisition ofthe corridor for construction works as soon as possible while the lengthy process of excision is still ongoing KeNHA was directed to prepare an Addendum report tothe approved EIA and apply for the variation of condition 22 of the BIA license. During the preparation of the Addendum report, KeNHA was directed to liaise with KWS and NEMA to enante the prreras compl and other guidelines. with all legal requirements 2.0 THE PROPOSAL Acquiring and exchanging private land with a portion of Nairobi National Park land has been one of the key elements negotiated throughout the engagement between KWS and KeNHA, as a mutually agreed obligation for granting the Southern Bypass Road access through the park. ‘An increase in wildlife space by the project proponent (KeNHA), will provide a good demonstration of benefit to conservation while recognizing that the Southern Bypass Road is equally an important National project. It is proposed that loss of wildlife habitat through the Bypass Road construction be mitigated by purchase and acquisition of land parcels along the southern boundary of the park and the same be annexed onto the park on the principle of acre for acre. Section 38 of the Wildlife Conservation and Management Act 2013, provides the provedures for exchange of part of a national park land. It is hereby proposed that under Section 38 of the Wildlife Conservation and Management Act 2013, Kenya Wildlife Service and Kenya National Highways Authority exchange part of Nairobi National Park land with another parcel of land on the southern boundary of the park along the Mbagathi Valley. This proposal is make to ensure that the Southern Bypass transport corridor accesses land currently designated as part of Nairobi National Park for the Bypass construction and completion. At the same time, this proposal provides for an alternative parcel of land tobe annexed onto the park to compensate and mitigate loss of wildlife habitats. a 3.0 FIELD SURVEY AND ASSESSMENTS. 3.1 Introdu In pursuit of the deliberations of the Inter-Ministerial team, KeNHA has engaged n KWS on several occasions culminating in a joint field survey and assessment of the actual area of Nairobi National Park that will be affected by the Bypass road. Further, both parties undertook a survey and assessment of alternative parcels of land adjacent to Nairobi National Park that KeNHA intends to acquire and exchange with park land in accordance with Section 38 of Wildlife Conservation and Management Act, 2013. ‘The joint assessments were aimed at establishing the area of the park affected by the Bypass road, the impacts and come up with appropriate mitigation measures. In addition, assessments were undertaken in the land parcel identified for acquisition by KeNHA to establish their suitability for wildlife conservation. 3.2 Methodology A field technical team comprising of KWS area managers, scientists, surveyors, physical planners, GIS experts and the consultants from KENHA and the road contractor was constituted. An inception meeting was held at the Nairobi National Park Senior Wardens’ Office on 16® February 2015. The team prepared a work plan/schedule for field work for both the affected section of the southern bypass road in the park, and the proposed land parcels for acquisition situated along the Bagathi valley. 2 3.3 Survey and Assessment of Nairobi National Park The team undertook a reconnaissance survey to familiarize themselves with the affected area inside the park, followed by actual and detailed boundary verification, inspection of the general area and survey in relation to the bypass road reserve section falling within the park as identified and marked by KeNHA. Ecological and biodiversity assessments of the anticipated impacts were carried, Plate 1. Team conducting field assessment and survey 3.3.1 Location of the area affected by the Bypass Road The design and alignment of the Southern Bypass Road is along the northern side of the park which runs from and not limited to beacons RL-7, RL-17 and RL-22, with all the beacons running along a bearing of 80°41'21" according to F/R No. 92/28. The affected area falls within Nairobi National Park that is established and reserved as wildlife conservation area vide Boundary Plan no. 204/1 and Gazette Notice no. 48 of December 1946. The park boundary is validated by survey plan no.92/28. 3.3.2 Size of the park area affected The Bypass Road centre line enters the park at SK1+000 from the eastem side near Ole Sereni Hotel and follows the Green line, curves and dip into the park at SK 2+620 B due to the formation ofthe smooth curve. which forme a distance of approximately S00 meters clearance from the Wilson Airstip Run Way as required by the Civil Aviation Authority (CAA). The tangent ofthe centre line ofthe curve is at SK 34200 and curves out to end the curve at SK34660 and ext the park al SK 5120 (Fig. 1A, 18 & 2), The longest distance thatthe alignment curvature dips into the park is about 245 meters. The toal park area affected by the Bypass alignment is approximately 89.1 acres (861 ha; Table 1), which is about 0.76 % of the gazette park area. The ‘monetary value of the physical land alone, is estimated to be over KSh. 27 Billion, at an estimated value of KSh, 30 Million per ace, Figure 1A. Alignment of the Southern Bypass Road within Nairobi National Park Figure 2. Detailed Southern Bypass alignment curve that provides clearance to Wilson Airstrip Table 1. Total area of Park land affected by the Bypass road and estimated Value ‘Area severed by the | 14.4 35.5 1,065,000, 000 Road ‘Actual Bypass 27 53.6 1,607,800,000 Road area and associated Road Reserve TOTAL 36.1 89.1 2,672,800,000 3.3.3 Description of the neighborhood land use ‘The project area is surrounded by various land uses and developments. These include: 1. Infrastructure development that including the Petroleum pipeline, Aviation take off flight path and an emergency murram surface road utilized by KWS and Wilson Airport Civil Aviation management and a Green Line maintained along the park fence. Figure 3. Some Infrastructure around the proposed bypass road in the park Electric fence v7 2. Residential housing development including both flats and Maisonettes, Commercial user development including the Carnivore Restaurant and Ole Sereni Hotel. Figure 4. Photographs showing some of the housing development neighboring NNP at the site proposed for road construction. 3.3.4 Anticipated impacts on the biological components On construction, the bypass road is expected to utilize a minimum of 89 acres of wildlife habitat in Nairobi National Park. The affected area is dominated by Acacia drepanorobium with open grasslands. Some of the common species recorded in the area include buffaloes, hartebeests, impalas, ostriches various birds, snakes, and aardvark, Cumulatively, the road will affect home ranges and the social organization 18 of certain wildlife species. During the rainy season the tarmac road ecotone effect will create micro-climatic conditions along the road due to presence of stagnant water which will atract certain wildlife and thus expose them to road accident. As such, there is high potential of increased road kills especially of the crawling animals and associated birds of prey. The presence of earth moving machines, noise from heavy vehicle traffic, dust emissions and the intrusion of workers is expected to affect the serenity of the park and pollute the environment if appropriate mitigation measures are not taken During construction, increased number of worker in the vicinity of the park will amplify poaching and bush meat threats. Construction materials ferried from outside of Nairobi environ will mostly likely facilitate introduction of invasive species with detrimental effect to the general ecosystem and the park. 3.3.5 Other Infrastructural Development already in NNP Nairobi National Park, by its proximity to the City has been a victim of several infrastructural developments. In addition to direct loss of land to infrastructural developments, the most severe impact of development is the reduction in the quality of habitat and ;placement of wildlife species in locations close to development sites. Cumulatively NNP has directly lost about 58.2 acres of wildlife habitat through infrastructural development. The KPLC 66KV line along Bomas/KWS gate occupies 2.97 acres of park land; The 400KV high voltage over head power pylons constructed by Ketraco takes up 25 acres of the park. The old and new Kenya oil pipeline runs across the park taking over 30 acres of wildlife habitat. Jami Telcom (Faiba) fiber optic cable takes up 0.22 acres of habitat; while the construction of underground power cable is also underway (Fig. 5). 19 Figure 5. Power Line and Underground Cables by KETRACO and Map of Nairobi National Park showing other infrastructure development including the Bypass. = 3.4 Survey and Assessment of the Land to be purchased and exchanged with park land 3.4.1 Location A field survey to identify parcels of land south of the Park that are suitable for wildlife conservation was carried out. The area targeted for alternative wildlife habitats is located within Ole Kasasi adjudication section, Ngong Sub-County, Kajiado County. The area is about Skm from Rongai Township and is along the Rongai - Maasai Lodge road. The area is adjacent Nairobi National Park on the southern edge boundary and next to Kingfisher Rhino Security Block (Fig. 6). Figure 6. A satellite Image showing, the parcels of land (marked in orange lines) identified as suitable for acquisition as mitigation strategy for the impacts of Nairobi Southern Bypass Road Construction. Proposed Land Legend © eesti secry ck @ ern ne Wore Pice ele ai) a 3.4.2 Land Tenure Approximately 380 acres were sampled and assessed for their suitability as wildlife habitats adjacent to Nairobi National Park. These comprised of 16 parcels of land ‘owned by six entities (Table 2 and Fig. 7). The parcels are in different titles separated in acreages of 239.86, 39.54, 3.66, 37.09, 19.77, and 27.18 acres per individual. 3.4.3 Monetary value of the land Upon interaction and questioning a few of the land owners in the identified area, they quoted a selling price of between Ksh. 15 - 20 Million per acre (fifteen - twenty) as the prevailing market value. However, the value is rising rapidly due to subdivision into smaller parcels of land and potential of constructing high rise residential buildings. These high prices could be due to the excellent view of the park from the area 3.4.4 Suitability analysis Suitability of the land parcels was based on their ecological connectivity with the park, level of fragmentation and developments on the land, presence of wildlife and vegetation cover, size and number of persons to be affected. The team identified 16 parcels of land that are contiguous totaling to about 385 acres. The major developments on the identified block of land are the Masai lodge which is on parcel of land registration Kajiado/Ole Kasasi2 (16 ha), and about three (3) residential houses/homes belonging a prominent personalities on land registration Kajiado/Ole Kasasi/659 (1.4 ha) and Kajiado/ Ole Kasasi/532 (38 ha). 2 ‘The land parcels registration Kajiace/Ole Kasasi2, Kajiado/Ole Kasasi/85 and Kojiado/Cle Kasasi/90 totaling to 266 acres is currently under an Environmental Easement between KWS and the Owner on 20! December 2011 for 25 years. ‘Table 2. Parcels of Land identified and sampled for their suitability for purchase as wildlife habitat. wo [Pmt repataionse [SBR [avnin te [Aria are 7 eyo a area z 2 Tafa a ea [sa 3 este ae eet a] et a 1 jada ok aio [esa Sota a eats a i me e apiaee aa

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